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MUHAMMAD UMAIS vs CANTONMENT BOARD RAWALPINDI art — 2022 PLD 148 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
MUHAMMAD UMAIS vs CANTONMENT BOARD RAWALPINDI art

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI art.15---Freedom of movement---"Reasonable" restriction---Scope---article 15 of the Constitution makes it abundantly clear that it is a fundamental right of every citizen to move freely throughout Pakistan---However, reasonable restriction can be imposed to further the public interest by law on the exercise of such right of free movement---Word 'reasonable' implies intelligent care and deliberation, that is the choice of a course which reasons dictate---Concept of reasonableness is nothing but that of harmonizing individual right with collective interest---However, for the sake of determining reasonableness of a restriction so imposed, the basic principle must be kept in mind that the power to impose restriction granted under Constitution does not mean or include the power to destroy the very right, which is the subject matter of such regulatory dominion because the existence of right cannot be undone to nihility by way of authority to administer its exercise---Right is basic and fundamental whereas the power to administer the same is auxiliary and supplemental---Right is independent whereas the power to regulate the same does not exist independently and always dependent and contingent to the right so attached with.

Other judgments reported in 2022 PLD

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